Col. T. P. Sharma vs Ram Dayal Sagar
2014 Latest Caselaw 5859 Del

$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI

                              Judgment delivered on: November 17, 2014

+                              W.P.(C) 7927/2014

      COL. T. P. SHARMA                                   ..... Petitioner
                     Represented by:        Mr. Maroof Ahmad and
                                            Mr.Iftekhar Ahmad,
                                            Advocates with Petitioner in
                                            person.

                         Versus


      RAM DAYAL SAGAR                                        ..... Respondent
                  Represented by:           None.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CM No.18563/2014 (for exemption)

Exemptions allowed, subject to all just exceptions. Accordingly, the application is allowed.

W.P.(C) 7927/2014

1. Vide the present petition, the petitioner seeks setting aside of the award dated 18.12.2013 passed by the Presiding Officer, Labour Court, Karkardooma Courts, Delhi, in case bearing LIR No. 158/2012, titled as 'Shri Ram Dayal Sagar Vs. Col. T.P. Sharma and Anr.', whereby the learned Labour Court passed an award in favour of the respondent workman and against the petitioner Management.

2. The issue before the learned Tribunal was as under:-

"Whether the amount of Rs.5945/- deposited by the management and received by the workman Shri Ram Dayal Sagar S/o late Shri Sawanti Lal tentamounts to settlement, if not to what relief he is entitled?"

3. The respondent workman examined himself as WW1 in evidence by way of affidavit. However, none appeared for the petitioner Management to cross-examine the respondent, therefore, opportunity to cross-examine was closed on 01.10.2013. None was examined by the petitioner Management in its evidence despite affording opportunity for the said purpose.

4. The respondent workman in his unrebutted and uncontroverted testimony has deposed that a sum of Rs.51,930/- was due upon the petitioner Management and had given break-ups for the said amount. Accordingly, the Management gave him a cheque for Rs.5,945/- as instalment out of the said amount before the Conciliation Officer, which he accepted under protest and on advise of the Conciliation Officer. It is further deposed that thereafter the case was closed as having been settled. When the respondent workman made a complaint against the Labour Inspector to the Vigilance Department, his case was referred to the Labour Court.

5. Learned counsel appearing on behalf of the petitioner submits that in the conciliation proceedings, respondent workman accepted a cheque of Rs.5,945/- from the petitioner towards full and final settlement.

6. I note, on this issue there is no cross-examination from the petitioner side. Moreover, the petitioner Management led no evidence on any aspect in support of its case. However, the petitioner Management

filed the written statement before the learned Labour Court refuting the allegations made by the respondent workman, whereby submitted that the workman had left the job of his own and he was gainfully employed from the date he left the employment of the petitioner Management.

7. Further stated that engagement of the respondent workman was fraud as he declared himself to be an Ex-Serviceman, which he was not. However, I note, to this effect, there is no evidence or material produced on record by the petitioner Management. Therefore, its bald statement has no bearing.

8. In view of the above noted facts, I find no discrepancy in the award dated 18.12.2013 passed by the learned Labour Court.

9. Accordingly, the present petition is dismissed in limine. CM No.18564/2014

With the dismissal of the petition itself, the instant application has become infructuous. The same is accordingly dismissed.

SURESH KAIT (JUDGE) NOVEMBER 17, 2014 sb